Position Paper Labor

REPUBLIC OF THE PHILIPPINES
Department of Labor and Employment

National Labor Relations Commission
Regional Arbitration Branch No. IV
Calamba City
Jeffrey T. Barona,
Complainant,
-versus- NLRC Case No. RAB IV 05-00926-19-B
ASUKI CONSTRUCTION,
Respondent,
x-----------------------------x
POSITION PAPER
The Complainant, pro se, respectfully state:
I. STATEMENT OF FACT
1. That the complainant is Jeffrey Barona, legal age, Filipino and

residing at Brgy. San Miguel, Sto. Tomas, Batangas;
2. The respondent in the instant case is ASUKI Construction with

business address at Brgy. San Roque, Sto. Tomas, Batangas;
3. Jeffrey works for the construction company as an electrician;
4. He was hired by the company on March 21, 2019 with a daily

salary of Five Hundred Pesos (Php 500.00).
5. The receivable salaries and other employee benefits of the

complainant as of April 14, 2019 (date of illegal termination) is as
follows:
 Salaries from April 14, 2019 up to present amounting to

Php 45,000.00.
6. He was dismissed on April 13, 2019 without benefit of due

process;
7. No prior notice to explain was issued to him, no formal charge has
been filed, No administrative hearings (due process and
opportunity to be heard) were held to discuss the problem,
resolve it amicably, and hear his side. His constitutional right to
due process of law was violated.
8. He was told not to come to work and was terminated without any
explanation.
9. On May 3, 2019, the complainant sought the legal assistance of the

Single Entry Approach (SEnA) of this Honorable Commission. It
issued a notice of conference to be held May 10 and 17, 2019 at
10:00 am to the respondents. No compromise was reached.
See the following documents as proofs thereof:
Annex “A” - NOTICE OF CONFERENCE, dated May 3, 2019.
Annex “B” - Certificate of Raffle/Notice of Mandatory

Conference dated May 24, 2019
Annex “C” - Minutes of the Mandatory Conference.
10. No compromise was reached at the office of the labor arbiter.

Thus the Arbiter ordered the parties to file their respective
position papers on July 17, 2019.
11. The illegal acts of the respondent cause the complainant extreme
psychological trauma and anxieties, sleepless nights, besmirched
reputation and social humiliation. He was the only breadwinner of
his family.
12. He deserves an award of MORAL DAMAGES of P100,000.00,

pursuant to the Civil Code. He likewise deserves an award of
EXEMPLARY DAMAGES of P250,000.00 to serve as a lesson to
society, pursuant to the same Code. Further, he deserves an award
of attorney’s fees equivalent to Ten Percent of the damages
awarded, pursuant to the Labor Code.
II. ISSUE
The sole issue is whether or not the complainant is entitled to the

reliefs prayed for in his complaint on the ground of illegal
dismissal, that is backwages, money claims, and moral and
exemplary damages, and attorney’s fees.
Page 2 of 5
13. Article 277 of the Labor Code provides for the DUE PROCESS OF
LAW:
x x x.
Article. 277. Miscellaneous provisions. –
(b) Subject to the constitutional right of workers to security of

tenure and their right to be protected against dismissal
except for a just and authorized cause and without
prejudice to the requirement of notice under Article 283 of
this Code, the employer shall furnish the worker whose
employment is sought to be terminated a written
notice containing a statement of the causes for
termination and shall afford the latter ample
opportunity to be heard and to defend himself with the
assistance of his representative if he so desires in
accordance with company rules and regulations
promulgated pursuant to guidelines set by the Department
of Labor and Employment.
Any decision taken by the employer shall be without prejudice to

the right of the worker to contest the validity or legality of his
dismissal by filing a complaint with the regional branch of
the National Labor Relations Commission. The burden of
proving that the termination was for a valid or authorized
cause shall rest on the employer.
The Secretary of the Department of Labor and Employment may

suspend the effects of the termination pending resolution of the
dispute in the event of a prima facie finding by the appropriate
official of the Department of Labor and Employment before whom
such dispute is pending that the termination may cause a serious
labor dispute or is in implementation of a mass lay-off. (As
amended by Section 33, Republic Act No. 6715, March 21, 1989).
x x x.
14. Article 279 of the Code provides for the SECURITY OF TENURE of
a worker:
x x x.
ART. 279. Security of tenure. - In cases of regular

employment, the employer shall not terminate the services of an
employee except for a just cause or when authorized by this Title.
An employee who is unjustly dismissed from work shall be

entitled to reinstatement without loss of seniority rights and
Page 3 of 5
other privileges and to his full backwages, inclusive of
allowances, and to his other benefits or their monetary
equivalent computed from the time his compensation was
withheld from him up to the time of his actual
reinstatement. (As amended by Section 34, Republic Act No.
6715, March 21, 1989).
x x x.
15. Article 282 of the Code speaks of the just grounds to dismiss an
employee.
x x x.
ART. 282. Termination by employer. - An employer may

terminate an employment for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of

the lawful orders of his employer or representative in connection
with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in

him by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the

person of his employer or any immediate member of his family or
his duly authorized representatives; and
x x x.”
16. None of the aforementioned grounds were committed by my

complainant. He did not deserve the supreme sanction of
DISMISSAL more so WITHOUT DUE PROCESS OF LAW.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that

judgment be issued declaring that the complainant has been ILLEGALLY
DISMISSED by the respondent. FURTHER, it is respectfully prayed that
the respondents be ordered to pay or issue to the complainant, as the
case may be:
(a) BACKWAGES from the date of his illegal dismissal on April 14,
2019 up to the time he is REINSTATED to his former position
without loss of seniority and other benefits.
(b) MORAL DAMAGES of P100,000.00.
(c) EXEMPLARY DAMAGES of P250,000.00.
Page 4 of 5
(d) His RECEIVABLES representing salaries and other benefits due
him in the amount of Php 45,000.00.
(e) Attorney’s fees of Ten Percent of Damages AWARDED.
Such other reliefs, just and equitable under the premises.
Jeffrey T. Barona
Complainant
SUBCRIBED AND SWORN TO before me this _____________ day of

_____________________ 2019 in Sto. Tomas, Batangas, Philippines, affiant
exhibiting to me his valid proof of identification.
Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.
Page 5 of 5

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REPUBLIC OF THE PHILIPPINES

Department of Labor and Employment

-versus- NLRC Case No. RAB IV 05-00926-19-B

1. That the complainant is Jeffrey Barona, legal age, Filipino and

2. The respondent in the instant case is ASUKI Construction with

3. Jeffrey works for the construction company as an electrician;

4. He was hired by the company on March 21, 2019 with a daily

5. The receivable salaries and other employee benefits of the

 Salaries from April 14, 2019 up to present amounting to

6. He was dismissed on April 13, 2019 without benefit of due

9. On May 3, 2019, the complainant sought the legal assistance of the

See the following documents as proofs thereof:

Annex “A” - NOTICE OF CONFERENCE, dated May 3, 2019.

Annex “B” - Certificate of Raffle/Notice of Mandatory

Annex “C” - Minutes of the Mandatory Conference.

10. No compromise was reached at the office of the labor arbiter.

12. He deserves an award of MORAL DAMAGES of P100,000.00,

The sole issue is whether or not the complainant is entitled to the

Article. 277. Miscellaneous provisions. –

(b) Subject to the constitutional right of workers to security of

Any decision taken by the employer shall be without prejudice to

The Secretary of the Department of Labor and Employment may

ART. 279. Security of tenure. - In cases of regular

An employee who is unjustly dismissed from work shall be

ART. 282. Termination by employer. - An employer may

(a) Serious misconduct or willful disobedience by the employee of

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by the employee of the trust reposed in

(d) Commission of a crime or offense by the employee against the

16. None of the aforementioned grounds were committed by my

WHEREFORE, premises considered, it is respectfully prayed that

(e) Attorney’s fees of Ten Percent of Damages AWARDED.

Such other reliefs, just and equitable under the premises.

SUBCRIBED AND SWORN TO before me this _____________ day of

Doc. No. _____;

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